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How to meet the financial requirement for a spouse visa: Salaried and non-salaried employment FAQs

15 January 2020 #Immigration


Following on from our previous blog, there are a number of sources of income which can be relied on to meet the financial requirement for a spouse visa. The sources of income are categorised by the Home Office. We will focus on category A of the financial requirement: income from employment.

  1. What is the minimum income requirement?

The minimum income threshold for a partner applying for a spouse visa, with no dependants, is £18, 600.

If the applicant has a child who is a dependant on the application, then the minimum income requirement would increase by an additional £2, 400 for every child.

  1. Do you have to meet the minimum income requirement for an extension or settlement application?

Yes, the financial requirement still applies for both an extension and indefinite leave to remain application.

  1. Who does Category A include?
  • Those who have been with their current employer for 6 months or more and are residing in the UK fall under this category. The applicant’s partner (or applicant) must have been paid consistently for the period of 6 months prior to the application at a gross annual salary of £18, 600 or more.
  • Those who receive a non-salaried gross income and have been with their current employer for at least 6 months.
  • Overseas sponsors who are returning to the UK and have been with their current employer for at least 6 months.
  1. What is salaried employment?

Employment which is paid at a minimum fixed rate which can also be subject to a contractual minimum number of hours to be worked.

  1. What is non-salaried employment?

This includes employment which will be paid at an hourly, other specified rate, or paid an amount which varies according to the work undertaken.

  1. Can you only count the applicant’s income to meet the financial requirement under Category A?

You can include the applicant’s income, if they have permission to work in the UK, or the Sponsor’s income or a combination of both.

  1. How is the gross annual employment income for non-salaried employment calculated?

The annualised average for non-salaried employment will need to be calculated:

Total gross income from employment held throughout the 6 month period divided by 6.

Then this figure will be multiplied by 12.

  1. Can you count other sources of income to meet the financial requirement?

An applicant relying on Category A, can add to their income:

  • The gross amount of specified non-employment income received by the applicant, applicant’s partner or both jointly in the 12 months prior to the application. This is provided they continue to own any asset by which that income was derived such as property or shares, at the date of application.
  • Cash savings above £16,000 which is held by the applicant, the applicant’s partner or both jointly, for at least 6 months prior to the date of the application and is under their control.
    • If the applicant is making an entry clearance application or an initial leave to remain application, the amount which can be added to the income, is the amount of savings above £16,000 will be divided by 2.5.
    • If the applicant is making an application for settlement, then the whole figure above £16,000 can be added to the income.
  • The gross annual income received by the applicant or the applicant’s partner from a UK or foreign State, occupational or private pension.
  1. What requirements are applicable to an overseas sponsor who has been with their current employer for at least 6 months and is returning to the UK?

The applicant in this situation can still rely on Category A, but must meet two requirements.

  • The applicant’s partner must be in employment at the date of application and have been with the same employer for at least 6 months prior to the date of application. The applicant’s partner must have been paid at a minimum gross annual salary or income of £18,600 throughout the period of 6 months.
  • The applicant’s partner must have a confirmed offer of employment in the UK, which must begin within 3 months of their return to the UK. The gross annual starting salary must meet the minimum financial requirement.
  1. Can an applicant/applicant’s partner count income from multiple jobs?

The applicant or applicant’s partner can include income from multiple jobs if they have been with each employer for at least 6 months. If they have been working for an employer for less than 6 months, then they will fall under Category B. We will cover this category in due course.

Clarkslegal, specialist Immigration lawyers in London, Reading and throughout the Thames Valley.
For further information about this or any other Immigration matter please contact Clarkslegal's immigration team by email at immigration@clarkslegal.com by telephone 020 7539 8000 (London office), 0118 958 5321 (Reading office) or by completing the form on this page.
Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

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Bhavneeta Limbachia

Bhavneeta Limbachia
Solicitor

E: blimbachia@clarkslegal.com
T: 020 7539 8019
M: 0777 581 5811

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